IGG wants corrupt former officer jailed

The Inspectorate of Government (IGG) has asked court to uphold the conviction of its senior principal officer who was convicted of soliciting for sh40m and receiving sh3m.

Appearing before Judge Lawrence Gidudu at the Anti-Corruption Court, state attorney Robert Opiya from the Inspectorate of Government Tuesday asked court to dismiss to Robert Kalungi's appeal seeking to set aside his conviction.

Opiya said there is overwhelming evidence that Kalungi demanded sh40m and received sh3m as a gratification in order to discontinue charges of embezzlement against Margaret Kabanga.

The prosecutor argued that the trial magistrate Susanne Okeny who convicted Kalungi in October 2015 did not make any error.

"If the trial magistrate erred in law it is not a major contradiction that should be turned in the appellant's favour. My view is that the contradiction cannot warrant the overturn of this appeal."

He added that there is sufficient evidence that Kalungi received sh3m as gratification.

According prosecution, when Kalungi demanded money from Kabanga, she reportedly complained to the IGG and he was later arrested.

"Even without the record there is a circumstantial evidence that the accused received money," said Opiya.

Defence lawyer Godfrey Odur asked court to acquit Kalungi, saying the trial magistrate erred in law when she convicted him of a non- existing law.

The offence of soliciting for gratification is not specified under the Ant- Corruption Act of 2009, added Odur.

He dismissed as false that the money used as a trap was found on Kalungi at the time of his arrest.

"The appellant (Kalungi) never asked for money and  Kabanga, the complainant, lied that she gave the money  to the appellant but the money was not  found on him."

He said the magistrate shifted the burden of proof to the appellant when she admitted the recording of the conversation in which Kalungi allegedly demanded money without the transcriber of the recording being called to give evidence in court

"The complaintant managed to confuse the process because she was evading prosecution over embezzlement charges," said the defense lawyer.

Justice Gidudu adjourned the case until April1 when he will deliver his judgment.